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2. Delivery of Leased Fully Reusable Water. Aurora will deliver Fully <br />Consumable Water from the Metro Wastewater Treatment Plant ( "Metro ") or from other <br />locations upstream from the point at which Lessee will recapture or reclaim such water for <br />purposes of meeting augmentation requirements (the "Recapture Point" which shall be identified <br />on Exhibit A, referenced below). Lessee agrees to accept all deliveries of Fully Reusable Water <br />in the amount that would arrive at its Recapture Point as if all Fully Reusable Water was <br />delivered at Metro. Aurora will notify Lessee of the location from which the leased water is <br />being released. If delivery from a location other than Metro results in less transit loss, Aurora <br />shall be entitled to retain the savings in transit loss with no credit to Lessee in water or money. <br />Upon the release of Fully Reusable Water leased hereunder to the South Platte River, Lessee <br />shall assume sole liability for any loss, damage, or injury that may occur to persons or property <br />as the direct or indirect result of the control and /or use of said Fully Reusable Water by Lessee. <br />The Reclaimed Wastewater shall be delivered "as is," and the City makes no warranties as to the <br />suitability of the quality of the Reclaimed Wastewater for any purpose to which Lessee may <br />desire to apply such water. The amount of Fully Reusable Water needed at Lessee's Recapture <br />Point was calculated by Lessee to include any transportation losses, or "shrinkage," from Metro <br />to Lessee's Recapture Point. Lessee acknowledges that travel time between the delivery points <br />and its place of use in the South Platte River is determined by the Division Engineer for Water <br />Division 1. Lessee will be solely responsible for any and all reporting and accounting required <br />by the Colorado State Engineer or his subordinates after Aurora makes the Fully Reusable Water <br />available from Metro or another delivery point. This responsibility includes, but is not limited <br />to, reporting and accounting concerning the transportation of the Fully Reusable Water from the <br />delivery points, quantification of the Fully Reusable Water within the South Platte River, <br />Lessee's withdrawal of the Fully Reusable Water from the South Platte River (if any), and <br />Lessee's use of the Fully Reusable Water. Aurora will perform any and all reporting and <br />accounting required by the Colorado State Engineer or his subordinates concerning conveyance <br />of the Fully Reusable Water to the delivery points, and shall provide Lessee with the same data <br />reported to the State Engineer related to the volume of Lessee's Fully Reusable Water at the <br />same time it is reported to the State Engineer, or earlier if available. <br />3. Source of Leased Effluent. Aurora and Lessee agree that the sources of Fully <br />Reusable Water provided under this Lease shall be Aurora's reusable municipal return flows to <br />the South Platte River that Aurora is legally entitled to use for the purposes of this Agreement <br />the fully consumable portion of changed irrigation water rights owned by Aurora and fully <br />consumable water diverted pursuant to decrees entered in 03CW414, 03CW415 and 06CW104. <br />Under no circumstances will this lease be interpreted to mean that Aurora must supply either raw <br />or treated water should Fully Reusable Water be unavailable. <br />4. Delivery Schedule. Aurora shall deliver the Fully Reusable Water according to <br />the schedule set forth in Exhibit A attached hereto and incorporated herein. Lessee shall have <br />the opportunity to adjust the delivery schedule once per year by providing Aurora with a revised <br />Exhibit A no later than the first day of August in each year. If Lessee provides no revised <br />Exhibit A in any year(s), the delivery schedule shall remain the same as the previous year. In no <br />event shall the total amount of Fully Reusable Water delivered exceed the maximum amounts set <br />forth in Paragraph I of this Agreement. <br />2 BestWayLease <br />